Friday, 31 October 2014

It’s Halloween, should we be scared of the Immigration Rules changes?

A fresh wave of ‘scary’ changes was announced on the 16th October 2014. We are going to outline a few, which in our opinion affect the applicants in our immigration practice.

From 20 October 2014:

Tier 4 Student category: applicants inside the UK will be able to request an Administrative Review if their application is refused – but not an appeal anymore – which is in- line with the rights of those applying outside the UK. This change was implemented almost immediately – to avoid the rush of applications before the changes come in force.

Under the Administrative Review process, a different UKVI caseworker will re-consider the case. Additional documents won’t be allowed unless justified to show why it was a mistake to refuse a visa at first place.

An appeal would have taken several months (approx 12 weeks) while an Administrative Review is expected to be taking 28 days. Less time for a maneuver for those with visa refusals, thus making it harder to stay in the country. We think there is going to be a high number of reviews and therefore, how the 28 days promise is going to be adhered remains to be seen. (We have all seen what happens if the Home Office receives an unexpectedly high number of applications!)

This is the future of the other categories too! Appeals will eventually become very limited for the migrants in other categories too, making it harder to challenge a visa refusal and thus ‘buy the time’ to extend your stay in the country.

And making it even more important to get the application right from the start! We tend to say this to the clients who seem to be keen on potential appeals: we work to get your application right from the start because if your application is right you normally don’t need an appeal (or challenge the decision otherwise). This motto has served us well so far!

From 6th November  2014:

Tier 1 (Investor) category: applicants will need minimum 2 million Pounds instead of ‘just’ 1 million. The whole amount will have to be invested in the specified ways (no ¾ of it).

Tier 1 (Entrepreneur) category: those making an initial application (switching) inside the UK will have to have the available funds in the UK. At the moment the funds can be abroad. So, it means those applying outside the UK can hold the funds anywhere (including the UK) but those who are applying inside the UK (initial application) can only hold the money in the UK at the time of application.

From 1 January 2015:

Tier 5 (Youth Mobility Scheme): a number of places will be changed, fewer places for Australians, more for New Zealanders, for example (seems Halloween has worked well for the Kiwis).

For an individual advice or to make an application please contact us: info@1st4immigration.com or visit www.1st4immigration.com
If you are an Immigration Adviser or a Solicitor please visit our immigration Training and CPD website: www.1st4immigration.com/training
 

Thursday, 30 October 2014

Compliance Services for Entrepreneurs & Investors while holding a visa

If you are holding a Tier 1 (Entrepreneur) or a Tier 1 (Investor) visa we are offering to help with compliance with the Immigration Rules for the duration of the visa and extensions.  

For a yearly fee we help to comply with the Rules (and changes of the Rules). For example, during the 3 years of an initial Entrepreneur visa you have to register a business within specific time limit, create 2 jobs for certain types of people and for the duration of 12 months for each job.


An Investor has 3 months to invest the equivalent of GBP 750 000 in the ways specified in the Immigration Rules and it does not include property. The remaining amount of GBP 250 000 does not have to be invested but still has to be maintained in the permitted ways. Investments have to be maintained for the duration of the visa, which includes compensating the value if the market changes.


Our compliance service includes:


 -  Unlimited number of questions re the Immigration Rules (related to this visa category)  over the course of a year, so you would have someone to ask if you need an advice.  


- Reminder of the relevant deadlines, such as a deadline for registering a business, creating jobs or investing the funds, as applicable to your category. 


- Relevant checks for Entrepreneurs, such as whether a person you employ is eligible to be counted under the Entrepreneur visa scheme.


-  Guidance on investment for Entrepreneurs, such as “paying yourself a salary isn’t counted”.


- Advice for Investors on whether investment type meets the requirements of the Immigration Rules. This is advice on the type of an investment, if you require someone to arrange an investment for you, you would need an financial adviser for that (we can recommend the financial companies/banks who offer services to Investor visa holders but you are not obliged to use them).  Guidance on whether your investments continue to meet the requirements after the point of investment. For example, what to do if the stock market changes and value of your investments goes down.  


- Documents you needed to keep, with relation to this visa and which you may need at the next visa stage.


- Advice on what to do if your circumstances change. For example, if you wish to change from trading a sole trader to having a limited company.


- Other conditions, such as rights to work in the UK for you and dependants.


Wednesday, 29 October 2014

10% off OISC Level 1 course 29-30 November if you book before 5 November!

Multi Travel Visas is a practicing OISC-accredited immigration company in the City of London. Our next  OISC Level 1 course will be held on weekend 29-30 November at our office in the City of London (Monument area).

We are offering 10% off the course fee if you book within 1 week, that’s booking by end of Wednesday 5 November.
To book online now please visit our website: http://www.mtv-training.co.uk/

Multi Travel Visas Ltd and its sister company, 1st 4Immigration Ltd, are both accredited by The OISC, ref F201100418 and F200800152 respectively.  You can read Testimonials on our immigration cases here.  Our tutors are our very own OISC-accredited practicing immigration advisers who handle the real cases during the week and teach on weekends. You can read about them on the Tutors page.
Unlike most traditional courses, ours is conducted using plain language and does not simply contain quotes from the Immigration Rules. We include cases studies from our practice, answers to most common questions, a Questions&Answers session and a mock Level 1 assessment, which is given to the candidates at the end to complete in their own time and send to us. Generally, we try to keep it as entertaining as possible. We will also provide a printed version of the course(150 pages) for you to take home, which is very detailed, contains more cases studies and you can take it with you to the 'real' OISC exam.

Multi Travel Visas Ltd, OISC no F201100418.
Office and training venue: 68 King William Street, City of London, London, EC4N 7DZ.

Tier 1 (Entrepreneur) visa.

This category is one of the very few remaining categories, which allows to come to the UK to work. The trick is you will have to work for yourself in your own UK-based business and usually need funds of £200,000.

This page contains a simplified summary only, for an advice on your individual circumstances please to book our ADVICE SESSION, either over email (especially if you are outside the UK) or at our office in the City of London, near Monument Underground station. If you already have this visa you may be interested in our COMPLIANCE SERVICE while holding an Entrepreneur visa. You are also welcome to read TESTIMONIALS page.

APPLYING OUTSIDE THE UK (ENTRY CLEARANCE):

You need to have an equivalent of minimum GBP 200 000 in funds. The funds can be shared with one other person and/or can be from the third parties (sponsors), in which case very specific documents will be needed (and even specific details on those documents). If the funds aren’t in the UK then your bank would also need to confirm the money can be transferred to the UK (tends to be difficult if the money is held in mainland China, for example, but not a problem usually if the money is most other countries).

Furthermore, you also need to prove you are genuinely intending to run a business in the UK. You may be planning to start your own or buy an established business or join one as a director. However, at the initial application stage you need to show you are well-prepared for that. The following information is not strictly required by the Immigration Rules, yet you are unlikely to secure an Entrepreneur visa without most of them: a business plan, market research, contacts with potential clients, contacts with accountants and/or lawyers who advise on business and especially employment law in the UK. Your previous experience and qualifications will also be taken into account.

There is also English language requirement and maintenance, ie a certain amount of funds held for 90 days, in addition to the main GBP 200 000 amount.

The main challenge with this application is, well, not the money (without the money you would not be considering it at all). If any of those reading this page were already refused a visa in the past, they would know that the main challenge is to get the documents right and that includes the ‘Specified Evidence’ as well as extras, such as a business plan (the visa officers actually read it!). In our work we spend hours meticulously going through the details on the documents (as well as checking the order of documents). You are welcome to read our TESTIMONIALS page. 


For an individual advice or to make an application please contact us: info@1st4immigration.com or visit www.1st4immigration.com

If you are an Immigration Adviser or a Solicitor please visit our immigration Training and CPD website: www.1st4immigration.com/training

Tier 1 (Entrepreneur) visa: Why am I refused for having a contract with a recruitment agency?

We are having clients coming to us following a refusal of their Tier 1 (Entrepreneur) application when switching from Post-Study Work visa inside the UK. Such an application requires the applicant to be in business already, such as having a limited company which is active.
The problem is that many applicants are working as contractors, basically as employees in all but name (just self-employed on paper, even with a limited company). Also, in many cases the applicant’s limited company has a contract with a recruitment agency, which in turn places the ‘worker’ (the self-employed contractors) to the companies like Ford or to banks or IT companies.
The reason why such applications are being refused – and refused correctly -  is the change in the Entrepreneur visa rules on 11 July 2014. Working as a contractor, ie merely filling what is really an employment vacancy presented as self-employment, is no longer allowed under the Entrepreneur visa category. It is a category for genuine business people, entrepreneurs who are running – or planning to run where applicable – a business. A business with independent clients (not 1 ‘client’ who they work full-time for), a business which will be creating jobs (at least 2) and which from the common sense point of view is an enterprise with all the risks and benefits which come from being your own boss.
Worth reminding that this restriction on contract work applies to all migrants who hold a Tier 1 (Entrepreneur) visa, including to those who did not have to have an active business when applying for an initial visa. When the time comes to apply for an extension after 3 years (or for an ILR in the accelerated route) every applicant will be required to show they had established a business in the UK. That business cannot be the type which merely provides an owner/director/contractor or owners/directors/contractors to work for the companies in what is employment in all but name.
For an individual advice or to make an application please contact us: info@1st4immigration.com or visit www.1st4immigration.com
If you are an Immigration Adviser or a Solicitor please visit our immigration Training and CPD website: www.1st4immigration.com/training


    

Tuesday, 28 October 2014

Is one million Pounds now ‘too poor’ for the UK?

For most people it is an unimaginable amount of money, yet the UK Government is changing the visa rules for Tier 1 (Investor) migrants. Those who are planning to secure a Tier 1 Investor visa would have to invest not one but two million Pounds!

Furthermore, the whole amount of GBP 2 million would have to be invested, not ¾ of it as now. Currently, the remaining ¼ can be used to buy a property in the UK or just kept on a savings account.

The new Rules will come in force on 6 November 2014, so if you are a millionaire looking to invest in the UK (with the view of eventually getting a British passport) then you may wish to hurry and apply by 5th November! If you are outside the UK, the date of application will be the date of payment when you’re submitting your online form, even if your appointment at a visa centre is after 6 November. If you are in the UK, with a visa which allows to switch to an Investor category, then the date of application would be the date of posting your documents to the Home Office.

From 6 November 2014 every Investor applicant will need to have 2 million British Pounds available to invest in the UK and once a visa has been granted, to invest the whole amount in the ways specified by the Immigration Rules. The specified ways are UK Government bonds or UK-based actively trading companies. And investment must be made within 3 months from entering the UK (or 3 months from the visa issue date if you applied inside the UK).  

For an individual advice or to make an application please contact us: info@1st4immigration.com or visit www.1st4immigration.com

If you are an Immigration Adviser or a Solicitor please visit our immigration Training and CPD website: www.1st4immigration.com/training

 




Online CPD course 6 hours, Self-employment Income in Visa Applications (by a Self-employed Immigration Adviser)

For our colleagues Immigration Advisers and Solicitors: Our online training course is accepted by The OISC and SRA, CPD ref number EJE/14IM.
Self-employment Income in Visa Applications (by a Self-employed Immigration Adviser). 6 core hours CPD credit.
This course addresses the Rules, issues and documents, which are required for the visa applicants who are self-employed, such as a Sole Trader or an owner of a limited company or a partner in a partnership or  an LLP. We explain how to apply the Rules for self-employed people who are applying for a Spouse/Partner visa including the differences when self-employment was in the UK and outside the UK, when applying for either an Entry Clearance or for a Leave to Remain. Plus for those applying to extend a Tier 1 (General) visa or for an ILR based on it; for those who are applying under the European/EEA law, such as family members applying for an EEA Residence Card (EEA2) or permanent residency (EEA4) or for British Citizenship for both EU/EEA nationals and their non-EU family members. We also explain how a term 'self-employed' differs for HMRC/accountants and for the Home Office. Finally, we include case studies from our extensive experience.

Download from our website, study in your own time on any computer, iPad or iPhone, complete the test and we will award your CPD hours and send you a certificate.
 
Visit website now to download or to read a detailed table of contents, objectives and extracts:  http://www.1st4immigration.com/training/self-employment-income-in-visa-applications.php
 
The course is offered by our company, 1st 4Immigration Ltd, which is a practising OISC-registered immigration company, based at the City of London.  
 
1st 4Immigration Ltd, OISC no F200800152, SRA ref EJE/14IM. 68 King William Street, City of London, London, EC4N 7DZ.

www.1st4immigration.com and www.1st4immigration.com/training 

Contents:

PART 1: ALL IMPORTANT BASICS
There are 2 definitions of a word ‘self-employed’ | It is crucial to establish the exact legal form of the applicant’s business  | The most important principle | Do not be put off by the long list of documents required for self-employed people. First establish if one meets the financial rule in general, and then get stuck in the documents

PART 2: SOLE TRADER
FINANCIAL YEAR
WHAT TAXES DO SOLE TRADERS PAY?
Class 2 National Insurance | Class 4 National Insurance | Is National Insurance a tax? | Income Tax
TAX RETURN, SELF-ASSESSMENT AND RELEVANT HMRC FORMS
Tax Return form SA100 | HMRC Tax Calculation form SA302 | HMRC Statement of Account form SA300
WHEN TO PAY TAXES?
1st year | Subsequent years | What if your earnings rise? | What if your earnings fall? | Can you stop payments in advance?
 

PART 3: Using SOLE TRADER’s income for a Spouse/Partner and Fiancée visas
PERIOD OF ASSESSMENT
Financial Requirement is based on a last full financial year, not last 12 months | What is meant by a ‘full financial year’? | What if one became self-employed and does have a ‘full financial year’ yet? | Which financial year do we count? Since the deadlines for submitting a tax return is almost 10 months later? | COMMON QUESTION: do I need to pay taxes before applying for a visa? | CASE STUDY: Japanese spouse of a UK citizen who worked as self-employed in the UK and had to submit a tax return
CALCULATING INCOME
What is considered as income? | Can it be combined with other sources (salary, pension, savings etc)? | Can 2 partners combine their income if one or both are self-employed? | CASE STUDY: Filipino wife of a UK citizen, switching from a Tier 4 visa after it had expired. The Sponsor was self-employed but did not submit a tax return yet | CASE STUDY: American wife of a UK citizen, switching from a Tier 4 visa. Financial Requirement was met by the Sponsor getting a basic job and working for 6 months (because his self-employment was a long way away from the end of a financial year)
SELF-EMPLOYED SPONSOR RETURNING TO THE UK with a foreign spouse/partner
CASE STUDY: American husband of a British citizen who was self-employed in the USA, returned to the UK, was offered a job with the NHS but the job did not start within 3 months
NOTES ON SPECIFIED DOCUMENTS


PART 4: Using SOLE TRADER’s income for a Spouse/Partner and Fiancée visas where Financial Requirement doesn’t apply
Applications under the Old Rules when a 1st Spouse/Partner visa was issued before 9 July 2012 | Applications under Appendix FM but the Sponsor is on disability benefits | Applications under Appendix FM but under Exception EX.1 | Old Maintenance rule | CASE STUDY: Nicaraguan husband of a UK citizen. The Sponsor was exempt from the Financial Requirement because of disability benefits


PART 5: Using SOLE TRADER’s income for a Tier 1 (General) visa and ILR based on it
What is considered as earnings? | Tax return is not needed | CASE STUDY:  Nigerian national whose business model was questioned (but income was OK) | CASE STUDY: Indian locum doctor who worked through an agency on a self-employed basis
 

PART 6: Using SOLE TRADER’s income in EEA applications including EEA Residence Card, Permanent Residency and British Citizenship based on them (EEA1 - EEA4 and Naturalisation)
CASE STUDY: National of Chile married to a German national applying for an EEA Residence Card (EEA2) who was both employed and self-employed  | CASE STUDY: Israeli national married to a Spanish self-employed artist who was refused an EEA Residence Card because of not submitting a tax return by May | CASE STUDY: Bulgarian self-employed cleaner applying for British Citizenship together with her | CASE STUDY: Bulgarian self-employed plumber applying for an EEA Family Permit for a Russian wife
 

PART 7: LIMITED COMPANY
Why ‘Limited’? | Limited company is a separate entity from its owner (but many of your clients will be confused)
WHO OWNS A COMPANY? (And it is not the directors)
FINANCIAL YEAR
What if one is both a Sole Trader and has a limited company?
KEY DATES
Date of incorporation | Accounting reference date | Period covered by the annual accounts  | Date when annual accounts are due | Date when tax is due
COMPANIES HOUSE WEBSITE
WHAT TAXES DO COMPANIES AND DIRECTORS/OWNERS PAY?
Corporation Tax | Value Added Tax (VAT) | Company Directors pay usual employment taxes | Company owners (shareholders) receive dividends and pay Income Tax, if any | Why is it important?
ANNUAL ACCOUNTS AND CORPORATION TAX RETURN
Annual Accounts | Audited and Unaudited accounts | Balance Sheet | Profit and Loss Account | Corporation Tax Return
CORPORATION TAX (CT) FORMS
CT600 | CT603 | CT620
 

PART 8: Using income from a LIMITED COMPANY for a Spouse/Partner and Fiancée visas – COMPANY REGISTERED IN THE UK
Specified limited company
WHAT IS CONSIDERED AS INCOME?
Director’s salary | Common question: what if a director wants to use only salary and has enough to meet the Financial Requirement? Can he/she use a Category A or B instead of F or G? | Dividends | Gross salary | Net salary | Difference between a gross and net salary | Gross dividend | Net dividend | Difference between a gross and net dividend (tax credit) | Net dividends are what you see on the client’s bank statements | Net dividend amounts are what one receives to his/her bank account | Gross salary but net dividends
NOTES ON SPECIFIED DOCUMENTS
CASE STUDY: Syrian wife of a UK citizen. The Sponsor was working as a contractor using his own limited company in the UK
 

PART 9: Using income from a LIMITED COMPANY for a Spouse/Partner and Fiancée visas – COMPANY REGISTERED OUTSIDE THE UK (Sponsor returning to the UK)
CASE STUDY: Canadian – British couple who lived in Canada for 20 years and now returning to the UK together. Financial Requirement was met through the British Sponsor employed by the Applicant’s own company in Canada, plus a new job in the UK
CASE STUDY: Israeli wife and 2 children of a UK citizen who always lived in Israel and now returning to the UK together. Financial Requirement was met through the British Sponsor’s earnings from his own company in Israel, plus a job offer in the UK
 

PART 10: Using income from a LIMITED COMPANY for a Spouse/Partner and Fiancée visas where Financial Requirement doesn’t apply

PART 11: Using income from a LIMITED COMPANY for a Tier 1 (General) visa and ILR based on it
CASE STUDY: Nigerian national with earnings through his limited company, plus a spouse switching from Post-Study Work (and 2 children on visas dependent on the spouse’s):47
Notes on specified documents
CASE STUDY: Indian national who paid himself a salary, dividends and expenses in one payment, so income amounts didn’t match bank statements
TIP: give your client a template of accountant’s letter
CASE STUDY: South African national who claimed earnings from his limited company, without realising his company had been dissolved
CASE STUDY: Malaysian national who miscalculated the period of Previous Earnings (and didn’t have enough points until more dividends were added)
 

PART 12: Using income from a LIMITED COMPANY in EEA applications including EEA Residence Card, Permanent Residency and British Citizenship (EEA1 - EEA4 and Naturalisation)
CASE STUDY - Romanian national who has been working since 2004
 

PART 13: Agency work and being paid by an ‘Umbrella company’
Employment | Self-employment | Counting income on a payslip produced by an umbrella company | Which period to cover? | Umbrella companies based in the Channel Islands
CASE STUDY: Rwandan wife of a UK citizen, applying for a Spouse visa. Financial Requirement was met through working through an agency and paid by an ‘umbrella company’
CASE STUDY: Nigerian national extending a Tier 1 General visa using earnings from an umbrella company
 

PART 14: Partnership and Limited Liability Partnership (LLP)
PARTNERSHIP
Income from Partnership for Spouse/Partner visas | Income from Partnership for Tier 1 General visas
LIMITED LIABILITY PARTNERSHIP (LLP)
Income from an LLP for Spouse/Partner visas | Income from an LLP for Tier 1 General visas

Online CPD course 5 hours, British Citizenship for EU/EEA Nationals and their Family Members.

For our colleagues Immigration Advisers and Solicitors: Our online training course is accepted by The OISC and SRA, CPD ref number EJE/14IM. Download from our website, study in your own time on any computer, iPad or iPhone, complete the test and we will send your CDP award certificate.

British Citizenship for EU/EEA Nationals and their Family Members. 5 hours CPD credit. This course is focused on applications for British Citizenship for European/EEA nationals and their family members. This courses recognises the fact that European law works differently from the UK Immigration Rules, such as on qualifying for residency in the UK and especially for permanent residency. It is particularly important to remember that family members often have 'visa stamps' while they did not have to apply for them, so dates when they are eligible are often different from the dates of expiry of such voluntary visas.

We extensively cover the restrictions applied to Eastern European A8 nationals as well as Bulgarian/Romanian EU2 nationals and why they are important in applications for Citizenship. Even though these restrictions are now lifted (from Jan 2014 for EU2 nationals), advisers must still make sure the applicants complied with them at the time.

We provide case studies from our practice including cases from Bulgarian/Romanian nationals, dual EU/non-EU nationals and EU nationals married to British citizens. Full detailed table of contents is below.
Visit our website now to download or to read a detailed table of contents, objectives and extracts:  http://www.1st4immigration.com/training/british-citizenship-for-eea-nationals-and-family-members.php
The course is offered by our company, 1st 4Immigration Ltd, which is a practising OISC-accredited immigration company, based in the City of London. 1st 4Immigration Ltd, OISC no F200800152, SRA ref EJE/14IM. 

www.1st4immigration.com/training

Content:

PART 1 – ALL IMPORTANT BASICS
Naturalisation and Registration | 4 sets of Naturalisation rules

PART 2 – EUROPEAN/EEA NATIONALS
Who are EEA nationals? | Nationals of the following countries | Norway, Iceland and Liechtenstein | Switzerland
How to count residency under the European regulations | From 30 April 2006 – most EU/EEA nationals | From 1 May 2004 | From 1 January 2007 | From 1 July 2013 | Don’t mix the EU and UK law | EU/EEA citizens often don’t have ‘visa stamps’ (they don’t have to)

CONDITION 1: 5 years of residency in the UK

CONDITION 2: No permanent residency status – No citizenship!
Variation for EU/EEA nationals | How does one get an ILR without making an application? | Examples of exercising Treaty rights | Worker | Self-employed | Student | Exception | Self-sufficient | Jobseeker | Worker or Self-employed person who has ceased activity due to Retirement | Worker or Self-employed person who has ceased activity due to permanent incapacity
Exercising Treaty rights in the UK continuously qualifies an EU citizen for Permanent Residency (with a ‘visa stamp’ or without) | Not ‘continuous residency’ but ‘continuous exercising of Treaty rights’ | Date when this point has been reached | Date of issue on the visa document is not relevant | CASE STUDY – Greek national who worked and trained since 2004 | CASE STUDY - a Greek doctor | CASE STUDY – dual Dutch/Brazilian national
 
BULGARIAN AND ROMANIAN (EU2) NATIONALS:
EU2 nationals who had UK visas before Bulgaria/Romania joined the EU in 2007 | CASE STUDY - Romanian national who has been working since 2004 | Restrictions and documents for EU2 nationals including Yellow, Blue and Purple Cards | What about when restrictions on workers are lifted?
CASE STUDY – Romanian national who has worked since 2006 | CASE STUDY - Romanian national who has worked in the UK before 2007 and never applied for a Blue Card (she didn’t have to) | CASE WE REFUSED TO TAKE – Bulgarian national who studied and worked for years but not within the Rules | CASE STUDY – Bulgarian national with a Purple Card
 
EASTERN EUROPEAN (A8) NATIONALS:
Again the same rights but again with a difference | WRS was relevant for an A8 national for the first 12 months of working in the UK | What counted as ‘continuous 12 months’? | WRS was stopped in May 2011 but is still important for your applications | What if an A8 applicant didn’t register under WRS?
CASE STUDY - Lithuanian national who was a worker and a student | CASE WE REFUSED TO TAKE – Hungarian national who has never registered under WRS CONDITION 3: Waiting for 12 months after qualifying for Permanent Residency CONDITION 4: Good character and criminality

CONDITION 3: Waiting for 12 months after qualifying for permanent residency.

CONDITION 4: Good character and criminality.

CRIMINALITY:
Before 13 December 2012 - Spent and Unspent criminal convictions | From 13 December 2012 | Table of offences and impact on applications | Single conviction for a minor offence | Driving offences: drink-driving, driving without insurance, driving whilst using a mobile phone and similar | Fixed Penalty Notices | Fines | More than one sentence | Charged with offence and awaiting trial or sentencing | Terrorism

BANKRUPTCY
 
CONDITION 5: Absences from the UK and being present in the UK 5 years before receipt of the application by the Home Office
 
ABSENCES:
Date of Application (and how far back absences are counted) | Basic rules on absences | Exceptions when more absences are allowed during the 5 years | Exceptions when more absences are allowed during the last 12

BEING PRESENT IN THE UK 5 YEARS BEFORE DATE OF APPLICATION

CONDITION 6: Knowledge of Language and Life (KOLL)
EU/EEA citizens don’t have to meet this rule for Permanent Residency | … but have to meet for Citizenship | Before 28 October 2013 | From 28 October 2013 | Exemption from KOLL
LIFE IN THE UK TEST
TIP - Life in the UK Test does not have expiry date

ENGLISH LANGUAGE REQUIREMENT

PART 3 – EEA NATIONALS WHO ARE ALSO SPOUSES OR CIVIL PARTNERS OF BRITISH CITIZENS

CONDITIONS WHICH ARE THE SAME
 
CONDITIONS WHICH ARE DIFFERENT | No need to wait for 12 months after Permanent Residency | 3 years of residency in the UK – not 5 – although it is still 5 | The only example of combination of EU and UK law | Absences from the UK and being present in the UK 3 years before date of application | Exceptions when more absences are allowed during the last 3 years | Exceptions when more absences are allowed during the last 12 months | Being present 3 years before date of application | CASE STUDY – Bulgarian national married to a UK citizen | CASE STUDY – dual Dutch/Brazilian national who is a civil partner of a UK national

PART 4 - FAMILY MEMBERS OF EUROPEAN (EEA) NATIONALS
EUROPEAN FAMILY MEMBERS OF EUROPEAN NATIONALS
EUROPEAN FAMILY MEMBERS OF BULGARIAN/ROMANIAN (EU2) NATIONALS
 
DIRECT NON-EEA FAMILY MEMBERS OF EEA NATIONALS | This is what most non-EU nationals have | And this is what the law allows | Date on a 'visa stamp' does not matter | CASE STUDY – Russian national married to a Belgian | But bear in mind those who retained residency rights | And bear in mind Surinder Singh route (family members of British nationals who qualify under the European rules) | Spouses and civil partners of the UK citizens under Surinder Singh route | Other family members of the UK citizens under Surinder Singh route

EXTENDED NON-EEA FAMILY MEMBERS OF EEA NATIONALS | Here dates on ‘visa stamps’ matter!

NON-EEA FAMILY MEMBERS OF BULGARIAN/ROMANIAN (EU2) NATIONALS
 
PART 5 – DUAL NATIONALS
DUAL NON-EEA AND EEA NATIONALS (but not British) | FAMILY MEMBERS OF DUAL UK/EEA NATIONALS | Before 16 July 2012 | From 16 July 2012

PART 6 – CHILDREN (under 18 yo)
IMPORTANT DATES AND ACTS TO REMEMBER | British Nationality Act 1981 | From 1 January 1983 a child born in the UK does NOT automatically become British | From 1 July 2006
CHILDREN BORN IN THE UK | If the child's mother is British | If the child’s father is British | If child's parent (one or both) is not British (ie European or non-European) but has permanent residency in the UK | Children who spent the first 10 years of their life in the UK | Case Study – Romanian national who has spent 6 years in the UK and had a child born here
CHILD BORN OUTSIDE THE UK TO NON-BRITISH PARENTS

PART 7 – PUBLIC FUNDS
Income-related benefits (public funds) | Contributory benefits (not public funds) | The NHS | Workers and Self- employed | Self-sufficient and Students | Case Study – Hungarian family in receipt of public funds
 
 

Monday, 27 October 2014

New successful case and testimonial on registration as a British Citizen for an American national, born to a British mother before 1983 (UKM application).

"When I applied for UK citizenship, I was aware of the lengthy wait time for processing new applicants through the Home Office in London. For years, I was hesitant to submit my application knowing I would be required to surrender my current US passport for an uncertain time period. As I travel abroad frequently, I couldn’t afford to be without my passport for an extended period of time. Via a bit of research online, I came across the services of 1st4Immigration. Following my inquiry, I was immediately put in touch with Immigration Advisor Joanne Wilson. Joanne helped expedite my application by certifying a copy of my US passport. Surprisingly, via the exchange of overnight postal services, I was only without my passport for approximately one week before it was returned to me.

Additionally, Joanne prepared all of my additional application documents and submitted them to the Home Office in London for review. I am delighted to say that within brief period of 3-4 weeks, I received notification from the Home Office that my application for citizenship had been approved!

I sincerely appreciate the professional support and guidance provided by Joanne and 1st 4Immigration services. Joanne was consistently prompt to reply to my questions and advise on procedural concerns. I would highly recommend 1st 4Immigration Ltd to anyone requiring their services. Joanne made the seemingly tedious application process quick and worry free. I sincerely appreciate their support, and for this reason, working with 1st4Immigration Ltd was well worth my time!"

This lovely testimonial came from Stephanie, an American national, who applied to become a British Citizen on the basis of being born to a British mother before 1983.  

This is an interesting category, open to those born before 1983 to a British mother. Why only mother? Because before 1983 only fathers could pass their nationality to their children while mothers could not. What now seems like an unfair ‘irregularity’ in the law was ‘corrected’ in 1983 when anyone could claim British nationality (and a British passport) from either their father or mother. For those who missed out on that at the time, ie before 1983, this UKM application was added to enable them to register as a British Citizen.

Beware! This application only ‘corrects’ the fact that women (mothers) should have had the same rights as men (fathers). It does not change the fact there are rules on when British nationality can descend and when not, namely terms of British by descent and British otherwise than by descent. So, it is important to establish that one would have become British if women had been allowed to pass on their nationality at the time. If in your situation your mother could not have passed it on to you, for the reasons other than being a woman, you would have the same problem now.

The outcome of UKM application: becoming a British by decent. This is a Registration application (not Naturalisation). Those who also happened to live in the UK should consider Naturalisation as a very good alternative, which is more expensive but it makes you British otherwise than by descent. It does not make any difference for the applicant him/herself, the difference is your ability (or inability) to pass on British citizenship to your children.

There are more factors to look at. For example, in some cases parents had to be married (or married after a child was born). For an individual advice or to make your application as successful please contact us: info@1st4immigration.com , we reply on the same working day. Or visit www.1st4immigration.com

To read about the difference between Naturalisation and Registration please look at our earlier  post (that information is still valid): http://1st4immigration-visas.blogspot.co.uk/2013/06/british-nationality-citizenship-and.html

If you are an Immigration Adviser or a Solicitor please visit our immigration Training and CPD website: www.1st4immigration.com/training